Presentation by Mr. Thomas Dawson, Esq. at the 68th annual meeting of the Association of American Physicians and Surgeons on September 30, 2011:
Welcome friends, family, colleagues, former patients, and concerned citizens.
Friends of Dr. Dara was started to support Dr. Parvez Dara and his former patients against the allegations of the state of NJ. This site emphatically disagrees with the assertions and misrepresentations of the case by the Attorney General’s office as well as the Board of Medical Examiners decision to reject the findings of the Office of Administrative Law.
On May 18, 2012, Dr. Dara presented “License Revocation – A Case Study” at the AAPS Workshop: Thrive Not Just Survive XVI – Building a Health Independent Practice.
He received a standing ovation!
On behalf of the Dara family, a huge THANK YOU to the AAPS for their kindness and giving him the chance to tell his side of the story.
We apologize for the lack of news and updates the past few months, but we had to wait for this document to become public before making any excerpts available here.
We are excited to announce the brief in support of Dr. Dara’s appeal was filed on Monday, May 7th and below you can find the full preliminary statement. At the end of this post, you can access a link to download the full, unedited brief!
Any emphasis added below is ours.
This appeal raises the issue of whether an appellate court should defer to the decisions of the Board of Medical Examiners (the “Board”) when the Board arbitrarily rejected the findings of fact and conclusions of law of an experienced Administrative Law Judge reached after almost six months of contested testimony in a professional disciplinary hearing and supported by painstaking and thorough citation to the evidence of record.
While the Board is composed primarily of physicians, this case illustrates that deference to the expertise of the Board should not be given at the expense of-and cannot be substituted for-the application of fundamental concepts of law. Here, the Board has abandoned even the pretext of adherence to its governing laws and has declared that it is not bound, as is a judge, to reach findings of facts and conclusions of law supportable by the record. Such a philosophy requires careful scrutiny by this Court and, ultimately, rejection.
Belated Happy New Year Everyone! The process is on-going and there really isn’t much new news to report. 2012 will be the year this fiasco ends, but where or when this will be, it is still hard to say.
In the meantime, in order to help spread the word to patients and physicians alike, we’d like to share a number of articles and video presentations from the Journal of American Surgeons & Physicians. Please click “Read the Rest of this Entry” below.
News has been scarce, but there is finally something new to share!
Two weeks ago, the legal team filed a “Notice of Appeal” to the New Jersey Appellate Division. This was the first major step in the appeals process, which required that Dr. Dara and his counsel file within 45 days of the formal filing of the final decision:
You have a right to appeal the final judgment or order of a trial court or decision of a state administrative agency. A judgment, order or decision is considered to be final when it disposes of everything before the court or agency. If there are no further issues to be resolved below, you should file a notice of appeal. You have 45 days from the date the judgment or order is filed to appeal.
While yesterday marked two months since the NJ Board of Medical Examiners’ miscarriage of justice, the Board’s written decision with specifics on the fines did not come until a month later.